In the Matter Of: Donald Weinhoeft and Anita L Weinhoefts’s Empirical Analysis
Citation profile
4 federal appellate ·
Relationships
Relies on Patterson v. Shumate · Guidry v. Sheet Metal Workers National Pension Fund · Bankr L Rep P 70653 in the Matter of Richard E Barker · Velis v. Kardanis · 225 Ill. App. 3d 695 - Auto Owners Insurance v. Berkshire
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) A debtor’s interest in or right, whether vested or not, to the assets held in or to receive pensions, annuities, benefits, distributions, refunds of contributions, or other payments under a retirement plan is exempt from judgment, attachment, execution, distress for rent, and seizure for the satisfaction of debts if the plan (i) is intended in good faith to qualify as a retirement plan under applicable provisions of the Internal Revenue Code of 1986, as now or hereafter amended.... (b) “Retirement plan” includes the following: (1) a stock bonus, pension, profit sharing, annuity, or similar plan or arrangement, including a retirement plan for self-employed individuals or a simplified employee pension plan; * * * (3) an individual retirement annuity or individual retirement account; (d) This Section applies to interests in retirement plans held by debtors subject to bankruptcy, judicial, administrative or other proceedings pending on or filed after August 30,1989.”
3 later decisions quote this exact passage · from the majority“A pension trust is inalienable no matter how strong the creditor's equitable claim to the money, and funds not in pension trusts are alienable no matter how much the debtor would prefer to keep the value of creditors' hands. The proof of this is the rule that as soon as funds are withdrawn from a plan, creditors can reach them freely.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.